Sentencing at criminal trials in Ireland

Introduction

Sentencing involves a judge deciding what the criminal justice
system should do with a person found guilty of an offence. If a court in
Ireland has found you guilty or you have pleaded guilty, the judge will decide
the sentence that is to be imposed on you.

For some offences, there are minimum and maximum sentences that the judge
must impose. For example, for some road traffic offences, the judge is obliged
to disqualify offenders from driving for a minimum of two years.
There are mandatory sentences for some offences. For example, if a court finds
you guilty of murder, the judge is obliged to impose a sentence of imprisonment
for life.

Under the Probation
of Offenders Act 1907, a judge in the District Court may decide
that the facts alleged against you have been proven but may decide not to
convict you. This is a form of second chance which the judge has the discretion
to apply. The charge may be dismissed or you may be conditionally
discharged.

Sentencing of children

The information given here relates to offences committed by adults. Children
(that is, people aged under 18) can be charged and penalised in the way
described here but there are other considerations which must be taken into
account. The prosecution of children is governed by the Children
Act 2001.

In practice, children under the age of 12 are almost never prosecuted. It is
policy to avoid the prosecution of children under the age of 18 unless the
conditions for the Garda
Diversion Programme have not been met or the offence is a particularly
serious one. The Childrens Act 2001 provides for a range of alternative
penalties for children who have offended.

The Criminal
Justice Act 2006 (pdf) sets the age in relation to criminal responsibility.
Children under 12 may not be charged with most criminal offences but children
age 10 or 11 can be charged with the offences of murder, manslaughter, rape or
aggravated sexual assault. You can read more about criminal responsibility in
the document Children
and the criminal justice system.

Sentencing

Under the Irish legal system it is always a judge (a panel of judges in the
case of the Special Criminal Court or the Court of Appeal) who
imposes the sentence. In jury trials in the Circuit Criminal Court and the
Central Criminal Court, the jury’s role is to decide whether you are guilty
or not guilty. The jury has no role in sentencing you. This decision is left up
to the judge after listening to your legal representative's (that is, your solicitor’s or barrister's)
submission.

How does a judge decide on a sentence?

When considering what sentence to impose on you, the judge follows a
two-step procedure:

Decide what the sentence should be in light of the seriousness of the
offence.

Reduce that sentence in the light of any mitigating or excusing factors
given on your behalf.

There are a number of important factors that a judge must have regard to,
when sentencing you. It is a matter for your solicitor or barrister, on your
behalf, to urge the judge to consider these factors and what weight or
importance should be given to each.

When deciding which sentence to impose on you, the judge considers:

Whether or not you pleaded guilty to the offence

The facts of the offence - the circumstances in which the offence
occurred

Whether there were any aggravating factors in relation to the offence -
such as particularly violent or cruel behaviour

Your previous criminal record

Your character

Your age

Your family circumstances

Whether you are employed

Whether you are sorry for what you have done

Whether certain types of treatment may help or reform you

The impact of the offence on the victim

Any other relevant information about you (for example, if you are in bad
health)

See "Further information" below on the factors considered.

Types of sentences

There are a large range of sentences available to judges that can be imposed
on someone found guilty of an offence. These can be classified as follows:

Further information

Factors to be considered by a judge in sentencing

There are a number of important factors that a sentencing judge must have
regard to when sentencing you. It is a matter for your solicitor or barrister,
on your behalf, to urge the judge to consider these factors and what weight or
importance should be given to each.

Facts surrounding the commission of the offence

The circumstances in which the offence occurred might include:

Provocation (were you provoked into committing the offence)

Duress or emotional stress (were you under emotional pressure)

Mistake

Low value of goods stolen or damaged

Recovery of stolen property

These types of factors can have a positive effect for you in the judge’s
decision on sentencing and are known as mitigating factors. However, there may
also be factors which can have a negative effect (known as aggravating
factors). These include:

Use of a firearm or other weapon

Use of violence

Invasion of someone’s home

Breach of trust

On bail for another offence at the time

High value of goods stolen or damaged

No stolen property recovered

Impact of the offence on the victim

In most cases of a serious nature, a judge orders that a victim
impact report be prepared. In some cases a judge hears direct evidence from
the victim through a victim
impact statement (pdf). This has a bearing on the sentence which a judge
decides to impose.

Offenders reaction to committing the offence

You can expect a reduced sentence for pleading guilty. In many cases, a
guilty plea will save the court time and can be seen as a sign of remorse or
sorrow. In sex cases or cases involving violence, a guilty plea will spare the
victim the trauma of having to relive the events in court.

While a guilty plea is a mitigating factor, you are still entitled to fight
your case without it being seen as an aggravating factor. There is a
constitutional right to be tried in due course of law and nobody is penalised
for exercising this constitutional right.

Early admission of guilt

The court sees an early admission of guilt to the Gardaí as a mitigating
factor as it saves the Gardaí time and resources.

Co-operation with the Gardaí

Co-operation with the Gardaí also helps you in the sentencing process,
especially if it helped the Gardaí in catching other offenders. For example,
Section
27 of the Misuse of Drugs Act 1977 as amended provides that this is a
factor to be taken into account in deciding whether the minimum 10 year
sentence for possession of drugs over a certain value is just and appropriate.

Personal circumstances of the offender

Your personal circumstances is one of the most important factors a judge
considers prior to sentencing and may request a probation
report. In considering your personal circumstances the judge takes the
following into account:

Drug addiction

Age

Disability or illness

Family Circumstances

Other penalties as a result of conviction (for example, losing their job)

Character (evidence may be given of your previous good character)

Previous convictions

Page edited: 7 May 2014

Related Documents

Types of sentencesThere are a range of sentences available to judges that can be imposed on someone found guilty of a criminal offence.

Criminal trialsAn introduction to the various types of criminal trial that take place in Ireland.

Contact Us

If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 8pm) or you can visit your local Citizens Information Centre.